Severance Agreement And General Release Page 4
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10termination of that employment, pursuant to any federal, state, or local employment laws,
regulations, executive orders, or other requirements. This release does not cover any
rights or claims that may arise after the date on which it is signed.
8. Examples of Laws Released.
The laws that you and your heirs, personal
representatives, successors, spouses, registered domestic partners, children and
assigns waive in Paragraph 7, above include, but are not limited to, contract law,
common and statutory law regarding employee benefits, tort law, defamation law,
wrongful discharge law, privacy rights, whistleblower protections, constitutional
protections, wage and hour law, the California Fair Employment and Housing Act
and any similar state law (which may include claims for age, race, color, ancestry,
national origin, disability, medical condition, marital status, sexual orientation,
gender, gender identity, religious creed, pregnancy, sex discrimination and
harassment), the Federal Civil Rights Act of 1964 and 1991, as amended, the Age
Discrimination in Employment Act ("ADEA"), the Older Workers' Benefit
Protection Act, the Americans With Disabilities Act ("ADA"), the Employee
Retirement Income and Security Act ( ERISA ), the Family and Medical Leave
Act ("FMLA"), the California Family Rights Act ("CFRA"), the Fair Labor
Standards Act ( FLSA ), the Equal Pay Act, the National Labor Relations Act
( NLRA ), wage and hour law, the Labor Management Relations Act ( LMRA ),
any and all protections pursuant to any state s Labor Code (to the extent
waivable), any and all claims relating to, or arising from, Employee's right to
purchase, or actual purchase, of shares of stock of the Company or right to retain
unvested shares of stock of the Company, including, without limitation, any
claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under
applicable state corporate law, and securities fraud under any state or federal law;
any claims arising under or from any benefit plan, retirement or pension plan,
severance plan, or Company program of any kind, with the sole exclusion of any
claims for unemployment insurance with the State of California, any claims
against 8x8 s workers compensation insurance carrier and any claims that cannot
be waived under applicable law. This release includes claims for disputed back
pay, front pay, wages, commissions, overtime compensation, penalties, accrued
paid time off and attorneys fees, to the maximum extent available under
applicable law. You acknowledge and agree that (except for the benefits set forth
in Section 3 of this Severance Agreement) you have been fully paid all earned
wages for work performed to date and that this waiver is for the purpose of
resolving any disputed claim.
9.
Waiver of Unknown Claims. In giving this general release, you
specifically waive the provisions of section 1542 of the California Civil Code (and any
similar provisions of other applicable law), which section reads as follows:
A general release does not extend to claims which the creditor does not
know or suspect to exist in his or his favor at the time of executing the
release, which if known by him or his, must have materially affected his or
his settlement with the debtor.
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K.N. __________
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